United States of America, by and Through the United States Attorneys for the Eastern and Western Districts Of…

Summary

The Kentucky Supreme Court affirmed the Kentucky Bar Association's ethics opinion prohibiting defense counsel from advising a defendant to waive ineffective-assistance claims in a plea agreement and prohibiting prosecutors from inserting such waivers into plea agreements. The court held that the opinion neither conflicted with federal law nor violated the Supremacy Clause because it regulated attorney conduct, federal law did not require prosecutors to offer such waivers, and federal appellate decisions were not binding on the state court. It further held that the waivers create an unwaivable conflict of interest, indirectly limit malpractice liability, and induce defense counsel to violate professional-conduct rules.